Text: HF00142 Text: HF00144 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 135C.10, Code 1995, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 11. Failure to comply with the require-
1 4 ments of section 135C.31A regarding the basis for admission of
1 5 residents to or segregation of a resident in a nursing
1 6 facility and to maintenance of a listing of applicants to a
1 7 nursing facility.
1 8 Sec. 2. NEW SECTION. 135C.31A NURSING FACILITIES &endash;
1 9 BASIS FOR ADMISSION &endash; SEGREGATION OF RESIDENTS &endash; PENALTIES.
1 10 1. A nursing facility shall not do any of the following
1 11 based upon the source of payment of the resident's cost of
1 12 care:
1 13 a. Segregate residents within the facility.
1 14 b. Establish a system of the order of admission of
1 15 applicants.
1 16 2. If a nursing facility maintains a listing of applicants
1 17 for admission, the applicants shall be admitted in the order
1 18 in which the applicants initially apply for admission, not
1 19 based upon any other factor, including source of payment for
1 20 the resident's cost of care, unless documentation is provided
1 21 to the facility verifying the potential resident's death or
1 22 the applicant's desire to cancel the application for
1 23 admission. Notwithstanding the requirements of this sub-
1 24 section, a nursing facility may admit an applicant who is the
1 25 spouse of a current resident when a bed becomes available even
1 26 though the spouse is not listed first in the listing based on
1 27 initial application.
1 28 3. a. Notwithstanding section 135C.36, a nursing facility
1 29 is subject to the following penalties:
1 30 (1) For each of the first three violations of this section
1 31 within a twelve-month period, a penalty of not less than one
1 32 thousand dollars and not more than four thousand dollars.
1 33 (2) For fourth or subsequent violation of this section,
1 34 whether or not the violation is within the twelve-month
1 35 period, a penalty of ten thousand dollars.
2 1 b. A nursing facility is also subject to denial, suspen-
2 2 sion, or revocation of licensure pursuant to section 135C.10,
2 3 or in the alternative, may be subject to conditional licensure
2 4 for a twenty-four-month period or to receivership pursuant to
2 5 section 135C.12.
2 6 EXPLANATION
2 7 This bill prohibits a nursing facility from segregating
2 8 residents, designating the use of beds within the facility, or
2 9 establishing a system of admission of residents based upon the
2 10 source of payment of the resident's cost of care. The bill
2 11 also requires that applicants for admission be admitted in
2 12 order of initial application for admission unless it is
2 13 documented that the resident has died or no longer desires
2 14 admission to the facility or unless the spouse of a current
2 15 resident is seeking admission and is not the next applicant
2 16 listed. The bill also establishes penalties for violation of
2 17 the provisions of the bill, including monetary penalties,
2 18 conditional licensure for a 24-month period, or placement of
2 19 the facility under receivership until the facility is brought
2 20 into compliance with the requirements established in the bill.
2 21 LSB 1369HH 76
2 22 pf/jw/5.2
Text: HF00142 Text: HF00144 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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